Napster’s song-swapping service might not go back online until September under a briefing schedule released by an appeals court this week.

The 9th U.S. Circuit Court of Appeals said Napster must submit a brief by Aug. 9 to appeal its shutdown last week by a lower-court judge. The record labels have until Sept. 6 to submit their response, and Napster can file its follow-up response by Sept. 20, according to the order issued Monday but made public Tuesday.